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Vesom v. Atchison Hospital Association, 10th Cir., No. 06-3353, May 15, 2008

Articles Discussing Case:

Tenth Circuit Finds No Pretext In Hospital's Assertion That Disruptive Physician's Privileges Should Be Terminated.

Ogletree Deakins • June 03, 2008
Healthcare entities continue to monitor federal court decisions related to the relationship between hospitals and credentialed physicians to determine whether hospital bylaws are being viewed by the courts as contracts with the doctors. Recently, however, the 10th U.S. Circuit Court of Appeals side-stepped the “contract” issue while addressing a race discrimination claim brought by a doctor against a hospital. Instead, it analyzed the case under the typical burden shifting framework generally applicable in federal discrimination cases. Under that analysis, the physician failed to show that race was a motivating factor in the hospital’s decision to terminate his privileges there, and his case was dismissed.